WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating to cellular telephone technology (In re: Nokia Inc. and Nokia Corporation, No. 14-133, Fed. Cir.).
TRENTON, N.J. - A New Jersey Superior Court, Appellate Division, panel on July 17 affirmed rulings awarding summary judgment to a contractor and concrete subcontractor that built a condominium complex that allegedly had issues with water infiltration caused by the use of black tar paper as opposed to Tyvek building wrap, ruling that the plaintiff was unable to sufficiently state claims for negligence and breach of contract (Saratoga at Toms River Condominium Association Inc. v. Menk Corporation Inc., et al., No. A-5421-11T3, N.J. Super, App. Div.).
BATON ROUGE, La. - A magistrate judge properly suggested denying remand after piercing the pleadings and concluding that a plaintiff lacked any claims or chance of recovery against executive officers, a Louisiana federal judge held July 16 in adopting the report and recommendation (Paul F. Sarradet v. The Dow Chemical Co., et al., No. 15-5, M.D. La.; 2014 U.S. Dist. LEXIS 96836).
WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals" ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).
ALEXANDRIA, Va. - A jury verdict in favor of plaintiff Reynolds Consumer Products Inc. on allegations that a competitor infringed the distinctive "Reynolds Wrap" trade dress will stand, a Virginia federal judge ruled July 18 (Reynolds Consumer Products Inc. v. Handi-Foil Corporation, No. 13-214, E.D. Va.).
WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals' ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 11 partially reversed a trial court's decision to grant summary judgment in favor of credit management and lending corporations, finding that issues of fact exist as to a property owner's fraud claims and claims under the Truth In Lending Act (TILA) (Linda D. Crawford v. Franklin Credit Management Corp., et al., No. 13-2514, 2nd Cir.; 2014 U.S. App. LEXIS 13179).
ROCHESTER, N.Y. - A federal judge in New York on July 14 ruled that a gas and electric company that agreed to help remediate a contaminated site did not breach a memorandum of understanding (MOU) when it refused to pay for a cap to be placed on site to prevent exposure to toxic chemicals (Volunteers of America of Western New York Inc. v. Rochester Gas & Electric Corporation, No. 99-6238, W.D. N.Y.; 2014 U.S. Dist. LEXIS 95547).
PHILADELPHIA - An electronics store chain's method for calculating overtime pay for its salaried employees complies with federal law but violates Pennsylvania state law, a Pennsylvania federal judge ruled July 10 (David Verderame v. RadioShack Corporation, No. 13-2539, E.D. Pa.; 2014 U.S. Dist. LEXIS 93688).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 14 affirmed a lower court ruling that companies that entered into an administrative settlement agreement with the U.S. Environmental Protection Agency with regard to the remediation of a contaminated landfill were entitled to contribution for costs associated with the cleanup but could not recover their costs (Hobart Corporation, et al. v. Waste Management of Ohio Inc., No. 13-3273, 6th Cir.; 2014 U.S. App. LEXIS 13286).
TORONTO - An energy corporation on July 14 said it has notified the prime minister of the Kyrgyz Republic that it seeks payment of a $118 million arbitration award that was recently issued in its favor in Russia.
NEWARK, N.J. - A federal magistrate judge in New Jersey on July 10 granted the federal government's motion to strike a defendant company's request for a jury trial in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery suit, finding that the Seventh Amendment does not apply (United States of America v. Alsol Corporation, et al., No. 13-cv-0380, D. N.J.; 2014 U.S. Dist. LEXIS 94145).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 11 affirmed dismissal of an Aredia/Zometa cases after it was discovered that it proceeded for five years without a legal substitute plaintiff after the original plaintiff died (Jacqueline Wilson, et al. v. Novartis Pharmaceuticals Corporation, No. 13-10309, 5th Cir.; 2014 U.S. App. LEXIS 13234).
SAN FRANCISCO - A federal magistrate judge in California on July 9 granted a motion to dismiss claims for violations of federal laws regarding environmental contamination against Fluor Corp. because the plaintiffs need to show more than the mere presence of toxins in soil at the company's property; however, the magistrate allowed a company that shares land with Fluor to intervene in the lawsuit (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.; 2014 U.S. Dist. LEXIS 93420).
SAN JOSE, Calif. - A jury in the U.S. District Court for the Northern District of California on July 11 found no infringement by Apple Inc. of an Israeli corporation's patent related to live video and audio streaming technology (Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079, N.D. Calif.).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on July 11 affirmed a ruling awarding summary judgment to three environmental groups accusing a coal company of violating the Clean Water Act (CWA) for its discharges of selenium, ruling that the company could not invoke the permit shield because it did not disclose the pollutant in its permit application (Southern Appalachian Mountain Stewards, et al. v. A&G Coal Corporation, et al., No. 13-2050, 4th Cir.; 2014 U.S. App. LEXIS 13217).
TOLEDO, Ohio - An Ohio federal judge on July 8 granted a motion filed by a bank and mortgage corporation to stay a state-specific class action filed by claimants who assert that they were forced to maintain flood insurance in excess of their mortgage requirements, pending the approval of a settlement reached in a nationwide class action (James M. Campbell v. Citibank N.A., et al., No. 3:13-cv-02675, N.D. Ohio; 2014 U.S. Dist. LEXIS 92540).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 8 denied CTS Corp.'s petition challenging the U.S. Environmental Protection Agency's decision in 2011 to add a site in Asheville, N.C. that was formerly owned by a subsidiary of the company to the National Priorities List, finding that the agency's decision was not arbitrary and capricious (CTS Corporation v. U.S. Environmental Protection Agency, No. 12-1256, D.C. Cir.; 2014 U.S. App. LEXIS 12804).
HOUSTON - The estate of a deceased funeral director fails to meet the requirements necessary to serve as class representative for a proposed class of black funeral home employees who claim that they were denied promotions due to their race, a Texas federal judge ruled July 3 (Milton Holmes, et al. v. Service Corporation International, No. 10-4841, S.D. Texas; 2014 U.S. Dist. LEXIS 90501).
INDIANAPOLIS - A federal judge in the U.S. District Court for the Southern District of Indiana on July 7 ruled that a pollution exclusion in a company's insurance policy "unambiguously excluded" it from coverage for groundwater contamination caused by trichloroethylene (TCE) and other chemicals (Visteon Corporation, et al. v. National Union Fire Insurance Co. of Pittsburgh, No. 11-00200, S.D. Ind.; 2014 U.S. Dist. LEXIS 91578).
NEW YORK - The attorney and the law firm representing Ecuadorian plaintiffs who sued Chevron Corp. alleging environmental contamination filed a brief in the Second Circuit U.S. Court of Appeals on July 2, contending that the judgment of the U.S. District Court for the Southern District of New York that approved a settlement between some of the Ecuadorian plaintiffs' former attorneys and Chevron should be reversed and vacated because Chevron cannot show that misconduct occurred when an Ecuadorian court awarded the plaintiffs damages of $18.5 billion (Chevron Corporation v. Hugo Gerardo Camacho Naranjo, No. 14-832, 2nd Cir.).